Subject Policies means: (i) the policies of insurance listed on Exhibit 1 hereto; (ii) any other liability insurance policies (whether primary, umbrella, or excess), known or unknown, issued or allegedly issued prior to December 31, 2003 by one of the Transport-Related Parties listed on Exhibit 3 hereto to a Congoleum-Related Party or under which it (or any of the Congoleum-Related Parties) claims to be insured or otherwise entitled to benefits; provided, however, that any policy of insurance encompassed by Paragraph I.HH(ii) shall be deemed to be a “Subject Policy” and subject to the release, sale, and injunctive provisions of this Agreement and the Approval Order only to the extent of any Congoleum-Related Party’s rights and interests therein; and provided further that “Subject Policies” shall not be deemed to include (x) the statutory portions of any workers’ compensation policy; (y) any policy of insurance issued by an insurance company other than Transport that is or was a party to the Coverage Action; (z) any policy of insurance issued by a Person that is not a Transport-Related Party as of the Execution Date that acquires, is merged into, or is acquired by a Transport-Related Party on or after the Execution Date; and (aa) any policy of insurance issued to a Person that becomes a Congoleum-Related Party after the Execution Date, except to the extent that any other Congoleum-Related Party had rights thereunder which arose on or before the Execution Date. Neither this Agreement nor the Approval Order shall be construed to impair, change, modify, release, Transport Settlement Agreement waive, channel, enjoin or transfer any rights, benefits, obligations or liabilities under any policy of insurance that falls within the scope of Paragraph I.HH(y) above (or any settlement agreement applicable to such policy).
Subject Policies means: (i) the policies of insurance listed on Exhibit 1 hereto; (ii) any other liability insurance policies (whether primary, umbrella, or excess), known or unknown, issued or allegedly issued prior to December 31, 2003 by one of the Hartford-Related Parties listed on Exhibit 3 hereto to a Congoleum-Related Party or under which it (or any of the Congoleum-Related Parties) claims to be insured or otherwise entitled to benefits; provided, however, that any policy of insurance encompassed by Paragraph I.KK(ii) shall be deemed to be a “Subject Policy” and subject to the release, sale, and injunctive provisions of this Agreement and the Approval Order only to the extent of any Congoleum-Related Party’s rights and interests therein; and provided further that “Subject Policies” shall not be deemed to include (x) the statutory portions of any workers’ compensation policy; (y) any policy of insurance issued by an insurance company other than First State or Twin City that is or was a party to the Coverage Action; (z) any policy of insurance issued by a Person that is not a Hartford-Related Party as of the Execution Date that acquires, is merged into, or is acquired by a Hartford-Related Party on or after the Execution Date; and (aa) any policy of insurance issued to a Person that becomes a Congoleum-Related Party after the Execution Date, except to the extent that any other Congoleum-Related Party had rights thereunder which arose on or before the Execution Date.
Subject Policies means: (i) the policies of insurance listed on Exhibit 1 hereto; (ii) any other liability insurance policies (whether primary, umbrella, or excess), known or unknown, issued or allegedly issued prior to December 31, 2003 by one of the Munich Re-Related Parties listed on Exhibit 3 hereto to a Congoleum-Related Party or under which it (or any of the Munich Re Settlement Agreement Congoleum-Related Parties) claims to be insured or otherwise entitled to benefits; provided, however, that any policy of insurance encompassed by Paragraph X.XX(ii) shall be deemed to be a “Subject Policy” and subject to the release, sale, and injunctive provisions of this Agreement and the Approval Order only to the extent of any Congoleum-Related Party’s rights and interests therein; and provided further that “Subject Policies” shall not be deemed to include (x) the statutory portions of any workers’ compensation policy; (y) any policy of insurance issued by an insurance company other than Munich Re that is or was a party to the Coverage Action; (z) any policy of insurance issued by a Person that is not a Munich Re-Related Party as of the Execution Date that acquires, is merged into, or is acquired by a Munich Re-Related Party on or after the Execution Date; and (aa) any policy of insurance issued to a Person that becomes a Congoleum-Related Party after the Execution Date, except to the extent that any other Congoleum-Related Party had rights thereunder which arose on or before the Execution Date.
Examples of Subject Policies in a sentence
Neither the Congoleum Parties nor the Hartford Parties, nor any of their representatives, have engaged in any conduct that would (i) cause or permit the Agreement, or the sale of the Subject Policies contemplated therein, to be avoided under section 363(n) of the Bankruptcy Code, (ii) cause or permit any amounts, costs, attorneys’ fees, expenses or punitive damages to be recovered under section 363(n) of the Page 9 Debtors: Congoleum Corporation, et al.
This Agreement constitutes a final compromise and settlement of all issues concerning the Subject Policies, including the application of the Subject Policies to Asbestos-Released Claims and to all other Claims.
The Hartford Parties are good faith purchasers of the Subject Policies for value within the meaning of section 363(m) of the Bankruptcy Code and are entitled to the protection thereof.
The Parties acknowledge that this Agreement is not, and cannot be construed as, an admission with respect to any right, obligation or defense under or with respect to any of the Subject Policies.
This Agreement resolves all of the Parties’ alleged rights and obligations under, and as and to the extent set forth in the balance of this Agreement and in the Approval Order effects a full release and buyout of, the Subject Policies with respect to: (a) all past, pending, and future known and unknown Asbestos-Released Claims; and (b) all other past, pending and future Claims of any type under or related to the Subject Policies.
More Definitions of Subject Policies
Subject Policies means all insurance contracts, policies, certificates, binders, slips, covers or other agreements of insurance, including all supplements, riders, endorsements, renewals and extensions as to the Commercial Lines Business issued by the Ceding Companies or any Ceding Company following the Effective Time pursuant to the Underwriting Guidelines or pursuant to written consent of the Reinsurer.
Subject Policies means: (i) the policies of insurance listed on Exhibit 1 hereto; (ii) any other liability insurance policies (whether primary, umbrella, or excess), known or unknown, subscribed or allegedly subscribed or issued or allegedly issued prior to December 31, 2003 by one of the London Market Companies listed on Exhibit 3 hereto to a Congoleum-Related Party or under which it (or any of the Congoleum-Related Parties) claims to be insured or otherwise entitled to benefits; provided, however, that any policy of insurance encompassed by Paragraph I.KK(ii) shall be deemed to be a “Subject Policy” and subject to the release, sale, and injunctive provisions of this Agreement and the Approval Order only to the extent of any Congoleum-Related Party’s rights and interests therein; and provided further that “Subject Policies” shall not be deemed to include (x) the statutory portions of any workers’ compensation policy; (y) any policy of insurance subscribed or issued by an insurance company other than the companies listed on Exhibit 3 hereto that is or was a party to the Coverage Action; (z) any policy of LMC Settlement Agreement insurance issued by a Person that is not a London-Related Party as of the Execution Date that acquires, is merged into, or is acquired by a London-Related Party on or after the Execution Date; (aa) any policy of insurance issued to a Person that becomes a Congoleum-Related Party after the Execution Date, except to the extent that any other Congoleum-Related Party had rights thereunder which arose on or before the Execution Date; and (bb) any policy of insurance (other than alleged Excess Insurance Company Limited policy number EL 10355 and any unknown policy of Excess Insurance Company Limited that would otherwise fall within the “Subject Policies” definition) that was not placed in the London insurance market. It is agreed and understood that “Subject Policies” shall refer only to each London Market Company’s several share or Interest in same, and it shall be further agreed and understood that “Subject Policies” shall not include any policies of insurance identified in the Coverage Action other than those listed on Exhibit 1.
Subject Policies means the Pollution Policy and the Liability Policies.
Subject Policies means: (i) all insurance policies at issue in the Coverage Action that were issued by Federal Insurance Company, as listed in Attachment B hereto; and (ii) all known and unknown liability insurance policies (whether primary, umbrella, or excess) issued on or before December 31, 2003 by Federal Insurance Company to Congoleum Corporation. As to any policy that falls within the scope of Section 1.20(ii), such policy shall be deemed to be a “Subject Policy” solely to the extent of Congoleum’s rights and interests therein.
Subject Policies has the meaning set forth in Section 5.9(k).
Subject Policies means all policixx xf insurance, whether the policies are primary, umbrella, excess or otherwise, and whether called liability, first party, third party, property, environmental impairment, employer liability or otherwise and whether known or unknown, issued by any St. Paul Travelers Entity prior to the Execution Date: (i) to any Congolexx Xntity; and/or (ii) under which any Congoleum Entity claims to be entitled to insurance, rights or benefits, except for the statutory portion of any workers' compensation policy. Notwithstanding the above, the Parties agree that: (a) Policy Nos. QK09000534, QK09000747, 06 XN 22205576, 0369JM0112, OC06900058, and MOC 0645B63A issued by one or more of the St. Paul Travelers Entities to ABI shall be deemed "Subject Policies" but xxxy with respect to Claims arising from, relating to or involving asbestos-related Claims, including but not limited to
Subject Policies shall include only the rights of a Congoleum Entity thereunder, and shall not include the rights of any other Person, including any ABI Entity, thereunder. For the purposes of this Settlement and Buyback Agreement, the Parties agree that "Subject Policies" shall not include: (x) any policy of insurance issued by a Person that is not a St. Paul Travelers Entity as of the Execution Date that acquires, is mergxx xnto, or is acquired by a St. Paul Travelers Entity on or after the Execution Date; (y) any policy xx xnsurance issued to a Person that was not a Congoleum Entity on or before the Execution Date, except to the extent that a Congoleum Entity had rights thereunder which arose on or before the Execution Date; and/or (z) any policy of insurance set forth in Exhibit C hereto.